On Tue, 17 Jun 2008 22:31:41 -0700 (PDT), firstname.lastname@example.org
That's not their job. Just because an agent lives near the person does
not mean the agent MUST know of the person's incarceration or court
Since it so happens it is 10 years since the Columbine shooting, I
believe you are referring to this case?
No, this was a different school shooting. The killers at Columbine
both killed themselves as their final act. Kinkel apparently had also
planned to kill himself but was subdued by classmates before he
finished his rampage.
I would guess that disclosure not necessary and if it were murderer's
residence, it would probably be up to local laws. For example, I'm
pretty sure that here, you could disclose it but if everybody in the
house died of AIDS, disclosure is not allowed by law. The people to ask
are your local real estate association.
That disclosure may not be allowed by medical persons, but it would
hardly be against the law for anyone else (not having access to
privileged records). Slander/libel might be an issue, unless it's
On Wed, 18 Jun 2008 05:14:05 +0000 (UTC), email@example.com (Dick
Unless state law requires it, no real estate agent is required to do a
background check. In most states, it is illegal to deny an ex-con
housing based on this fact. Let alone a person on probation.
In most cases, according to Megan's law, Lee only has to notify the
sheriff of the county he wants to live in.
There are other conditions that would then direct the sheriff to
notify the prospective neighbors.
It is not the job of the real estate agent to make these disclosures
unless required by state law.
Huh? In my state, an ex-con cannot be a lawyer, schoolteacher, accountant,
become a barber, cosmetologist, surveyor, architect, get a hazardous
chemical endorsement for their driver's license, own an exterminating
company, nursery (either plant or kid), vote, become a notary, sell
securities, be a REALTOR(!), or drive a cab.
I'd be astonished to learn that ANY state outlaws discrimination against a
My state is Texas. Frankly, I'm distressed that my state even allows them to
marry, own property, or attend a church.
Discrimination is not, per se, illegal.
I recall when Peter Lawford and his wife tried to buy an apartment in New
York and the resident's committee turned down their application. When
pressed, the committee said: "He's an actor and she's a Democrat. We don't
allow either on the property."
Richard, we've been through this before. Being a convicted criminal is
not a protected class and someone can refuse to rent/sell to them based
on that factor.
Suppose a single woman with three daughters has a room to rent in her
house, and a convicted child molester who was just released from prison
wants to live there. You think she is required by law to rent him the
room? Do you really?
A seller can refuse to sell. A landlord can refuse to rent *if* its an
owner-occupied situation and under a certain number of units, particulars
depending on laws and ordinances. Based on the right of association.
But that's far different from what a *realtor* should, or even can, do.
That would an owner-occupied rental case - she is not required to. But that is
fundamentally different from the question the original poster posed.
The issue deals with real estate agents. Not landlords.
Besides, under Megan's law, he would not be allowed to live in those
A landlord has the legal right to deny anyone.
Specially a homeowner who is just renting out space.
Sure. First you have to recognize that there are some things the government
won't or can't do to help you - you must take matters into your own hands.
You, and several of your burly neighbors, could organize a little
house-warming party for your new best friend. You could make it clear to
your new neighbor, partly though a show of weapons, but mainly through the
letting of blood, that his continued presence is cause for discord and
conflict within the community.
Guy I used to work with came home one day and his wife told him that a new
neighbor had groped or otherwise molested their six-year old daughter. My
friend and three of his buddies visited the perv and beat him so badly he
couldn't even lie down. Told him he had 48 hours to be out of the county.
And the perv could have filed assault and battery charges as well have
sued in civil court and won.
Guess who the jail bird is now?
This isn't the days of the wild west where vigilante style law
enforcement is the law of the land.
It is here (I'm in Texas). Too bad some have to live in a community where
they have to put up with such nonsense. Our sheriff once said to a criminal
defense attorney: "Don't fuck with me, asshole! I can get you killed for a
case of beer!"
Lest you think I exaggerate, Google "Joe Horn." This guy is waiting for a
grand jury to no-bill him for gunning down a couple of goblins in his front
yard. The squints had just burglarized Joe's neighbor. Joe saw his duty and
he did it.
As to your specific observations: If the complainant is dead, there's really
no viable criminal action. Regarding a possible civil action, that, too,
dies with the only adverse witness.
Oh, and the guy I used to work with? He was the resident deputy sheriff. In
the most populous county - out of 255 - in the state (about four million
people live here). It's a great place to be! (unless you're naughty).
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